National Green Tribunal
Ramdevbhai Samatbhai Sanjva vs State Of Gujarat on 22 June, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 4 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 616/2019
(Writ Petition (PIL) No. 114/2018)
(With Report GPCB dated 18.02.2020
and
Report of Justice B.C. Patel dated 03.03.2020)
Ramdevbhai Samatbhai Sanjva Applicant(s)
Versus
State of Gujarat & Ors. Respondent(s)
Date of hearing: 22.06.2020
Date of uploading of order: 29.06.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
ORDER
1. The issue for consideration is the remedial action for abatement of pollution of river Bhadar near Ahmedabad. The present matter has been received on transfer from the Gujarat High Court vide order dated 09.05.2019 in Writ Petition (PIL) No. 114 of 2018, Ramdevbhai Samatbhai Sanjva Vs. State of Gujarat & Ors.
2. The Tribunal considered the matter earlier on 06.12.2019 in the light of the earlier orders of the High Court dated 14.06.2018 in W.P. (PIL) No. 114 of 2018, Ramdevbhai Samatbhai Sanjva v. State of Gujarat & Ors. and orders dated 12.09.2012 and 07.05.2015 in Special Civil 1 Application No. 254 of 2009, Govindbhai Pragajibhai Dobariya, Sarpanch & Anr. v. State of Gujarat & Ors.
3. This Tribunal also considered counter affidavit filed by the CPCB before the High Court with report of Monitoring on 17th and 18th of May, 2020 finding violation of environmental norms and suggesting further action. The Tribunal noted that widespread pollution was reported in river Bhadar at Jetpur which is the polluted river stretch.
4. Proceedings of this Tribunal in O.A. No. 673/2018 dealing with 351 polluted river stretches also include river Bhadar. In the said matter, the Tribunal directed preparation and execution of action plan. In the light of the said proceedings, this Tribunal directed a joint Committee of Gujarat Pollution Control Board ("GPCB") and CPCB to monitor the pollution level and the remedial action. The Tribunal also requested Justice B.C. Patel, former Chief Justice of Delhi to oversee the remedial action and furnish a report in the matter.
5. Accordingly, a report has been filed by the GPCB on behalf of the joint Committee of CPCB and GPCB on 18.02.2020 with an action taken report of the same date. Another report has been filed by Justice B.C. Patel independently on 03.03.2020.
6. The joint Committee report of CPCB and GPCB refers to the site visit and analysis of water samples, inspection of the industrial units and deficiencies in compliance of environmental norms by the said industrial units. The joint Committee also visited C-channels and collection sumps/pumping stations, CETPs and STPs. Its findings are:- 2
"5.4 FINDINGS BASED ON MONITORING OF RIVER BHADAR AND DRAINS River Bhadar is a non-perennial River which is originated near Vaddi (Aniali Village) about 26 Kms North-West of Jasdan in Rajkot District at an elevation of about 261 m above Mean Sea Level. The River passes through Jetpur and empties into the Arabian Sea near Navi Bandar, Dist-Pordbandar (Image-8). The total length of this river is about 198 Kms. The river receives several tributaries on both side of the river.
Bhadar-I Dam is located at village- Lilakha Ta-Gondal, Dist-Rajkot. i.e. upstream of Jetpur and Bhadar-II Dam is Located at vill: Bhukhi, Ta-Dhoraji, Dist-Rajkot. i.e. Downstream of Jetpur. CPCB has identified River Bhadar as Priority-I Stretch (approximate length of the stretch @15KM). The entire river and Bhadar Dam-I & II are marked on Google image and given in Image-8.The visiting team collected samples from Bhadar River during the visit on 20.12.2019 at different locations and the sampling locations and the analysis results of the samples collected from the Bhadar River are given in subsequent section.
6.4.1 MONITORING OF DRAINS FLOWING IN BHADAR RIVER IN JETPUR AREA Six natural drains have been identified which are draining into Bhadara River at various locations in and around Jetpur. The details of the drains and the locations of confluence with River Bhadar are given in following table:
Table-: Drains flowing into Bhadar River and the confluence locations S. Detail of Drains Latitude & Approx. Appro Approx. Approx.
No. falling in River Longitude of Length (in x. Depth Discharge
Bhadar the Kms.) Width (in (in MLD)
confluence Depth mtrs.)`
point with (in
Bhadar River mtrs.)
Drain from Derdi 21 o 44' 42.31"N 6.5 2.5 0.5 1.8 0.2
Bhadar Stone 70 o 39'0.09"E
1.
crusher
Sarang Nallah 21 o 45'5.91"N 1.5 8 1 1.1 0.1
70 o 38'9.04"E
2.
Drain near 21 o 45'21.45"N 1.4 7.5 0.8 3 1
Gondra 70 o 37'55.14"E
3.
Drain behind 21 o 45'42.32"N 1 2 0.3 4 1.5
Kabrastan 70 o 37'42.43"E
4.
Drain near 21 o 46'7.22"N 0.8 0.6 0.3 0.4 0.0
railway bridge 70 o 37'29.58"E 5
5.
Drain near 21 o 47'8.06"N 3.5 1 0.4 3 1
Maghedi Vokda 70 o 37'9"E
6.
3
The drain from Derdi & Monpar area meets River Bhadar near Bhadar Stone crusher. The drain carries only wastewater from textile washing activities from Derdi and Monpar villages. Many illegal washing ghats are being operated in Deri and Monpar Villages. The drain meets the Bhadar River from North side of the River. Bluish green wastewater was found flowing in the drain during the visit on 20.12.2019 and the visiting team collected sample from the drain.
Sarang nallah is another drain which meets Bhadar River from the South side of the River. The drain mostly carries the mixer of domestic sewage and industrial wastewater due to the overflow from C- channel if any. Washing of clothes was being carried out near the pumping station of CETP-JDPA at sarang nalla was observed during the visit (20.12.2019). The visiting team also collected sample from the confluence point of Sarang nallah with Bhadar River.
Another natural drain which carries the mixer of domestic sewage from residential area and also industrial wastewater (mostly overflow from open c-channel) passed through the residential areas and meets River Bhadar near Gondra area on South bank of the River. The visiting team collected the sample from the drain behind Gondra area before the confluence with Bhadar River.
A small drain of about 1 Km length meets Bhadar River on its South bank behind Kabrastan. The drain mostly carries mixer of domestic sewage from residential area and also industrial wastewater (mostly overflow from open c-channel). However, during the visit (20.12.2019), no flow was observed in the drain and hence the visiting team could not collect any sample from the said drain.
Another drain of about less than a kilometer length meets Bhadar River on the south bank of the River near Railway Bridge. The drain mostly carries industrial wastewater (mostly overflow from open c-channel). However, during the visit on 20.12.2019, no flow was observed in the drain and hence the visiting team could not collect any sample from the said drain.
Madhedi Vokda is another drain which mostly carries industrial wastewater and meets River Bhadar from the northern side of the River near Santivan Udhyog Nagar, Rabarika Road. During the visit on 20.12.2019, the drain was found flowing with coloured wastewater and the visiting team collected sample from the said drain.4
5.4.2 MONITORING OF BHADAR RIVER The visiting team also collected samples from Bhadar River on 20.12.2019 at various locations before and after the confluences of the above mentioned drains. The sampling locations of drains and Bhadar River are marked on Google image and given in Image-9 and shown in photographs 63 to 74.
The details of the sampling locations on Bhadar River are given in following table.
Table: Sampling locations in Bhadar River on 20.12.2019 Description of Latitude & Longitude of Sampling location sampling point of sampling location on description S. Bhadar River Bhadar River No. River Bhadar Opp. 21 o 44' 40"N Upstream before the Bhadar Stone 70 o 38'12"E confluence of drain from
1.
Crusher (before Derdi
check dam)
River bhadar at 21 o 45'2"N About 1 Km. downstream
Derdi Road (from 70 o 38'30"E after confluence of Drain
2.
causeway) from Derdi
Confluence point of 21 o 45'4.91"N Confluence point of
Sarang Nallah & 70 o 38'9.4"E Sarang Nallah and
3.
Bhadar River Bhadar River
River Bhadar at 21 o 45'43"N Downstream after
causeway of Jetput 70 o 37'79"E confluence of Sarang
4.
City Nallah in the river
River Bhadar at 21 o 45'26"N Downstream after
Dublipat near NH 70 o 37'36"E confluence of drain near
5.
Bridge Gondra and Kabrastan
River Bhadar near 21 o 48'52"N Downstream after
Coba Hanuman 70 o 37'5"E confluence of all the
6.
temple drains in Jetput city area
River Bhadar at 21 o 48'27.65"N -
Kerali bridge 70 o 32'51.03"E
7.
Bhadar Dam - II 21 o 48'34.97"N -
70 o 26'0.0"E
8.
7. Conclusion of the Committee is as follows:-
"The units visited by the team are mostly using ground water as their source for production process without obtaining permission from CGWA (Central Ground Water Authority). Moreover, the units are not maintaining record of water consumption or water extracted from the ground.
As per the report of the Regional Office of Central Ground Water Authority, Ahmedabad, it is inferred that no permission/NOC has been granted to any industries in Jetpur for extracting ground water. Therefore, the industrial units in Jetpur are not permitted to extract ground water for any industrial activities.5
It was observed that the visited units are mostly not maintaining the records of wastewater generation and disposal and therefore it was not possible for the visiting team to assess the actual status of wastewater generation.
The washing ghats visited by the team are not maintaining records of materials received/ processed/ dispatched by them. The primary effluent treatment plant provided by washing ghats are not being maintained and operated properly.
The C-channel was constructed for the conveyance of industrial effluent. However, domestic sewage from the residential areas is also being discharges in the c-channels. Therefore, the C-channel conveys the mixture of effluent and sewage to the collection sumps followed by a pumping sump from where it is pumped to CETP of JDPA. The main collection sumps (5000m3 x 2 nos.) and a pumping sump are located in the bed of Bhadar River. In this regard, GPCB has directed JDPA to shift the collection sumps located in the bed of Bhadar River to other environmentally safe location.
It is understood that, presently Jetpur nagar palika is supplying 12 MLD of water to Jetpur for domestic consumption. The industrial units located in the domestic areas utilize the water being supplied to domestic purpose for their industrial activities. In addition, industrial units are extracting ground water through bore wells without permission. The sewage generated from domestic households and effluent generated from the industrial activities are being conveyed in the open c-channel.
The c-channels and the collection well are designed for conveying only effluent from the industrial units in Jetpur. Due to the present situation of the discharge of sewage in the existing c-channel, the c-channel cannot cater the carrying of combined load of effluent & sewage and therefore chances of overflowing of effluent-sewage mix to the low lying areas/ drains & River Bhadar is possible. Presently, about 11MLD of sewage is being generated in Jetpur and being conveyed in the open c-channel in addition to the 7 to 8 MLD of effluent from industries in Jetpur area, thereby exceeding the carrying capacity of the c-channel.
GPCB has issued directions to CETP of JDPA for Repairing /increasing capacity of all C-channels (open drains) as well as collection sump carrying wastewater in Jetpur area, so as to stop overflow of untreated wastewater to River Bhadar. In response to the said directions, JDPA asked all its member industries to curtail the production by 50% and operate the process units (mercerizing units) during night time and individual printing units to operate during day time. Also JDPA has constructed a new collection sump for receiving the effluent from mercerizing units through tankers.
The JDPA has provided 7 MLD capacity of CETP and 6 MLD of STP (both CETP & STP are provided with similar set of treatment units) which treats the mixture of effluent & sewage in both CETP & STP. Considering the present sewage & effluent generation and the 6 installed capacity of CETP & STP, out of total 18 to 19 MLD of sewage & effluent generation, there is provision for treating only 13 MLD of the generation in the provided CETP & STP.
The design capacity of CETP of JDPA is 7 MLD and design capacity of STP of JDPA is 6 MLD. Although, CETP & STP of JDPA are separately constructed, they both treat the same mix stream of effluent & sewage.
The sample collected from the common inlet of CETP & STP (mix of effluent- sewage) and the outlets of CETP and STP of JDPA are not meeting the inlet and outlet norms prescribed by GPCB. It is worth mentioning that GPCB issued CCA for STP of JDPA prescribing only four discharge parameters (pH, BOD, TSS & FC). Whereas, the STP is receiving & treating the mixture of effluent & sewage similar to CETP. A STP of 23.5 MLD at Navagadh is under construction for treating domestic sewage.
The sludge generated from CETP & STP of JDPA is being stored on open land without any liner inside the premises of CETP and huge quantity of sludge without proper dewatering was found stored on kuccha land. It is worth mention that JDPA is receiving ETP sludge from member industries in Jetpur and storing in the premises of CETP and facilitating for its disposal at CHWTSDF. However, the same is not reflected in the CCA of the CETP-JDPA issued by GPCB.
The STP of JDPA was issued closure direction by GPCB on 16.08.2019. Thereafter, the GPCB has granted Revocation to the STP for three (03) times each for 3 months period vide Revocation Directions issued dated 04/10/2019, 19/02/2019 and 04/09/2019. During the visit by CPCB & GPCB team on 19.12.2019, the STP of JDPA was operational even after expiry of the revocation order dated: 04.09.2019 (which was valid only till 03.12.2019).
The sample collected from the CETP of JDPA, STP of JDPA, CETP of Dhareshwar and CETP of Bhatgam are not meeting the inlet/ outlet norms prescribed by GPCB.
As per the CCAs issued to the CETPs & STPs, the treated wastewater should be used for irrigation purpose. However, the quantity of treated wastewater from the CETPs & STPs is huge compared to the land available for irrigation.
The samples collected from the Bhadar River at various locations from Derdi area to the Bhadar Dam-II (Sample location R1 to R8) shows contamination of water quality in the stretch.
The samples collected from the six natural drains which are converging in Bhadar River in the Jetpur area shows significantly high contamination of industrial effluent/ sewage. The drains receive unaccounted industrial wastewater from illegal washing ghats, overflowing of c-channels and domestic sewage from residential 7 areas. These drains are the major source of pollution in Bhadar River.
As it has already been mentioned in the order passed by Hon'ble NGT dated: 06.12.2019 (OA No. 616/2019), GPCB and District Collector, Jetpur may take action in accordance with the findings in the report of 17th& 18th May 2018 submitted by CPCB. Such action may also incorporate the redressal of issues highlighted in this report.
The discharge norms for individual industries are incorporated in the CCA when the industries are granted renewal of CCA. However, the discharge norms for all the industries are to be incorporated. GPCB has already started incorporating mechanism for disposal of sludge in the CCA of industries. However, the mechanism for disposal of ETP sludge from all the individual industries is required to be incorporated in the CCA.
The Strengthening and augmentation of operation and maintenance of Primary Effluent Treatment Plants (PETP) of all industries should be ensured by industries as well as CETPs to meet the inlet norms of CETP.
The CETPs and STPs may be asked to provide tertiary treatment system so as to treat the wastewater and reuse for the industrial purpose to the extent possible.
STP of JDPA should be designated as CETP and accordingly the treated effluent norms should be revised, as STP is presently treating the mix of effluent and sewage. CETP and STP of JDPA should obtain authorization for disposing the ETP sludge to CHWTSDF received from its member units.
The prescribed parameters for CETPs and STP are inconsistent with mode of disposal given in the CC&A, which may be appropriately made uniform as per applicable norms. All CETPs should be augmented for better treatability of effluent so as to meet the prescribed norms.
The collection sumps & receiving well located in the bed of River Bhadar should be relocated immediately, so as to stop untreated effluent overflowing into the River. The open C-channel located in in the bed of River Bhadar and in Jetpur city should be replaced with underground pipeline, so a s to stop untreated effluent overflowing into the River.
The small scale printing & dyeing industries in Jetpur area are mostly located amidst residential areas. The industries located in the Jetpur city are located in small lanes which makes difficult for any possibilities towards tankers movement for effluent disposal to CETP and any such arrangements may lead to drastic increase in the traffic movements thereby increasing pollution in the city. In addition to the above, the use of boilers in the industries 8 located in the residential areas also caters to the increase of air pollution in the residential zone. Therefore, scope may be worked out for relocation of industries from residential area and formation of separate industrial cluster to streamline the overall environmental management system, particularly about usage of fresh water and disposal and reuse mechanism for treated wastewater with core objective of improved environmental conditions in Jetpur area."
8. Report of Justice Patel inter-alia confirms most of the shortcomings and violations. The said report mentions illegal drawal of ground water, illegal construction of washing ghats by various units on agricultural land, in violation of Gujarat Tenancy and Agricultural Lands Act, 1948 and the Bombay Land Revenue Code, 1879, collection of efluents on both sides of river bed from where the untreated sewage percolates in the ground water. Justice Patel concludes:-
"Before the final report is submitted with a view to see that no illegality is perpetuated, immediate action must be taken by the GPCB, the Collector and other authorities concern to restrain CETP/Association from collecting and storing the trade effluent in the river bed for any purpose including for transportation from one side of river bed to the other side of the river.
There are many units operating in the city at various places and many are operating in the areas where approach is difficult or is not easy. These are the residential areas. Many units for their requirement of water for industrial use, through water tanker get water. Through open channel the trade effluent is allowed to flow and at certain places the same is allowed to flow with sewage which is not only health hazard but causes nuisance to the people at large. It was also indicated that from the units located in the city, arrangement is being made to collect the industrial effluent through automobile tankers. Looking to the number of units situated in the city and the quantity of water to be transported and the industrial effluent required to be transported to the CETP through number of vehicles moving in the city causing not only pollution but causing traffic hazards. In a small and old city where the roads are very narrow, the District Administration, the Municipal Administration and the Police Administration ought not to have allowed movement of tankers within the city for transportation of industrial effluent. It may be noted that the industrial effluent containing the chemicals on account of accident it may cause a lot of problems.
Considering the topography of the city, small roads, the industries operating from houses situated in lanes have provided open channels to drain the industrial effluent or the sewage effluent 9 or both. The Municipality has commenced the work of the close gutter line and in some areas they've done. However, looking to the number of industries situated in the city, looking to the nature of the industrial effluent, considering the inadequate size of the treatment plant for the industrial effluent, inlet norms for CETP are found in breach in most of the cases and storage of the industrial effluent in the riverbed are hazardous and against the public interest and therefore, in view of all the circumstances the operators of sari printing and such other units must be shifted out of the city in an industrial zone so that with proper technology, the Industrial Estate can be erected which would take care of various problems and Jetpur will be free from hazards of industrial effluent. No doubt, it would not be at one place and may be at 2 or 3 places where all the units working at present can be accommodated and convenient places can be given to the units. The state government will have to take initiative by providing the land nearby area at a reasonable rate or to undertake the establishment of Industrial area through its own Gujarat Industrial Development Corporation so as to solve various problems arising.
Originally, when the printing work of Saris commenced at Jetpur, there were very few units however, the work of printing has increased a lot and it is not that the work is limited to printing saries only but are printing clothe for export also. With the increasing number of the units using chemicals and other material industrial effluent is generated and therefore, it is absolutely necessary that for scientific disposal of the industrial effluent, the collection also should be scientific causing no nuisance to anyone. It can be done only if industrial estates are operating with latest facilities according to the nature of the units operating which would help in decreasing the level of pollution. If the new industrial estates are erected, there that can be appropriate greenery to protect the environment and also there can be appropriate method for rain harvesting so as to see that the natural/Rain water is stored.
About the treatment of sewage, very recent news item published in the Times of India, dated 29th February, 2020 cautions everyone indicating adverse effects of use of treated sewage water. However, no remedy is indicated. Whether chlorination as per standard or as per requirement would remove the effects of E coli noticed is not indicated. The news item reads as under.
A short report has been published on 29th February, 2020 by Times of India, Ahmedabad, under the title 'Ahmedabad: Treated waste water turns bacteria drug resistance' the article further states that "what does not feel you, makes you stronger" said renowned German philosopher Friedrich Nietzsche. This ode to re-silence ironically applies to micro-organism which are apparently not seen by naked eye.
Treated water more dangerous?10
40% E coli in treated water of Jaspur resistant to fluoroquinolone prescribed to treat respiratory and urinary tract infections.
20% E. coli of Chandkheda resistant to levofloxacin (LVX), norfloxacin (N F X) and tetracycline (T C); 40% resistant to kanamycin mono sulphate (K M C). why you should be concerned?"
Drug and multidrug resistant bacteria to make common infections life- threatening and costlier to treat. By 2050, more deaths may be due to antimicrobial resistant infections compared to other significant causes. A joint study by researchers from India, Shri Lanka and Japan on 3 waste water treatment plants (WWTPs) in Ahmedabad in India and three places in Shri Lanka revealed that multidrug resistant bacteria are more prevalent in the treated water of these plants.
"The study included three plans at Jaspur, Chandkheda and Vasna in Ahmedabad. Maximum E. coli prevalence was found at Vasna, which was highest across the 6 places studied. The study measured bacteria level in the influent, a discharge point, 20 m and 50 m from the point "said Prof. Manish Kumar of IIT Gandhinagar (IIT-Gn.), lead author of the study.
Polluted water used for irrigation.
It is a cause of worry because treated water from Jaspur and Chandkheda issued for irrigation 769 hectors collectively, as recorded in 2018. The Vasna plant's water is released into Sabarmati River. Titled 'Treatment enhances the prevalence of antibiotic resistant bacteria and antibiotic resistance genes in waste water of Shri Lanka and India' the study was published recently in Environmental Research' by Elsevier. Other authors include Bhagwan Ram from IIT Gandhinagar (IIT- Gn), Himaya Sewwandi and Tushar Chaminda from University of Ruhuna in Shri Lanka, Sulfikar and Ryo Honda from Kanazawa University, Japan.
Prof. Kumar added that while the treatment-done by activated sludge process (ASP) - dude uses the overall prevalence of faecal bacteria significantly, the battle that survives the process are majorly the of drug- resistant ability.11
'E. coli prevalence was reduced during treatment, but seemingly the remaining bacteria could adapt in the presence of antibiotics that led to a further increase in resistance.... As far as the gravity of the situation is concerned, the resistance to fluoroquinolone is worse and thus Shri Lankan condition seems better than India' mentioned the study. The study also mentioned that E. coli strains of all the locations in both countries exhibited multidrug resistance implying a serious health concern in the near future. Strains showed a varying level of resistance for quinolone and non-quinolone groups of the antibiotics."
9. The action taken report merely mentions that report has been submitted. With regard to prosecution and recovery of compensation, it is stated that there is stay of prosecution and recovery by the Hon'ble Supreme Court vide order dated 18.3.2020 in CA No.1807/2020, Jetpur Dyeing and Printing Association v. Ramdevbhai Samatbhai Sanjva. As regards recommendation of the Justice Patel Committee, it is stated:-
"Hon'ble Justice B.C. Patel submitted report to Hon'ble NGT.
One of the suggestions of Justice B.C. Patel is to shift the entire textile units of Jetpur outside the city and new industrial estate with the entire infrastructure may be developed to solve the problem permanently.
Board has taken up the matter with Government of Gujarat for implementation of Justice B.C. Patel's recommendation."
10. Thus, GPCB needs to take further meaningful remedial action to stop polluting activities till suitable remedial measures are adopted to ensure that no further and continuing damage is caused to the environment and public health in the light of order of date in O.A673/2018. Prosecution and recovery of compensation for the deficiencies earlier recorded may abide by orders of the Hon'ble Supreme Court in view of the order of stay but the order of stay cannot be misinterpreted to mean that pollution can continue with impunity. The 12 report quoted above establish continuing pollution post orders of Hon'ble Supreme Court which cannot be read as covered by the said order. Let a compliance report be filed by the joint Committee comprising of CPCB and GPCB within three months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. A copy thereof be placed on the website of CPCB with intimation to the concerned polluters for their response, if any. A Copy thereof may also be furnished to Justice B.C. Patel. We also request Justice B.C. Patel to give his further observations in the matter after three months.
List for further consideration on 25.11.2020.
Adarsh Kumar Goel, CP Sheo Kumar Singh, JM Dr. Nagin Nanda, EM June 29, 2020 Original Application No. 616/2019 A&DV 13